The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-08

name, stating that he did not desire the nomi-
nation, but pledged Jennings county 'sto
stand by the nominee as grandly as any
county, adding, "what the Democracy ex-
pect is success" No doubt they did at that
time. Judge John c. Nelson, of Cass county,
was nominated for Lieutenant governor and
accepted with thanks Not word was heard
in the convention as to Green Smiths claim.
The Republican convention met Sept. 2
and dominated for Lieutenant-gov Col
r. S. Robertson, of Fort Wayne. In the
campaign that followed all the leading Demo
Gratis in the State took. part and not a word
was heard as to the illegality of electing
claim. The election took place Nov. 4.
Judge Nelson received 228, 500 votes and Col.
Robertson received 231, 922, a majority Of
1924. The result was asurprise to the Demo-
Gratis. AS Green Smith had said in the con-
vention "What the Democrats expect is sue
cess" The possibility of Republican Lieu
calculations. Having been fairly defeated at
the polls it became necessary to overthrow
the election. Then began the conspiracy to
put Green Smith forward as Lieutenant
governor by virtue of being President Of the
Senate pro tenn, elected in 1885. OF this
proposition Governor Gray had said on the Sd
ever about the President pro tenn. not holding
over, and do not understand why any one
ever thought Of raising such question"
But after the election it was raised, and
Governor Gray helped raise it and keep it
up. 1t became necessary in order to carry
out certain political schemes and further the
personal ambition of Governor Gray and
other INSCRIPTIONS Democratic politicians
The claim was in direct contravention Of the
Constitution, which makes the Lieutenant
governor President of the Senate aud in ex-
press terms prohibits the Senate from elect
ing its President. Green Smith as President
pro tenn. could not, by any possibility, become
Lieutenant governor, and he could not even
be President pro tenn. in 1887 by virtue of
having been elected in 1885.
The plot required Smith to push his claim
boldly, and from this time on he did it.
The Constitution requires the certified re-
| turns Of IN election for Lieutenant governor
| to be sent to the Secretary of State, and to
be by him delivered to the Speaker Of the
| House on or before the second day of the
session. Smith attempted to enjoin the
Secretary Of State from doing this and the
latter tried to play into his hands. The
lower court held that it could not enioin the
Secretary of State from performing his duty.
Smith appealed and the Supreme Court af-
| frmed the decision of the lower court The
revolutionists CRASHED their teeth, aud the
Sentinel said of the court, ''Dann-tseir cow
cowardly souls"
When the Senate met, Smith usurped the
power of President, called it to order, and
presided in the organization of the body.
The law makes it the duty Of the Auditor of
State to do this, in the absence of L:euten-
ant-governor, but the Democratic Auditor of
State disregarded the law and permitted
Smith to preside at the organization. After
this was perfected, the Senate elected Smith
President pro tenn, showing it had no conf
dence in his claim to hold over in that ca
pacity.
The certified returns having been delivered
to the Speaker of the House, he, at the time
and in the manner required by the Coustitu
The Democrats refused to be present at the
opening of the votes, thus violating the Con
stitution, but their refusal in no way affected
the legality of the Speakers act. Colonel
Robertson was declared elected, and took the
oath Of office. This was on the 10th of Jan.
uary, and from that time to the present Colonel
Robertson has been legally and constitution.
ally Lieutenant-governor, though prevented
by revolution and force from discharring his
duties as such.
After the failure of his proceeding aeains,
the Secretary Of State, Smith brought suit
for an injunction to prohibit Lieutenant
governor Robertson from exercising or at
tempting to exercise the duties of presiding
over the Senate. The Marion Civil Crcui,
Court granted the injunction. Colonel Rob.
ertson appealed to the Supreme Court, and
after considerable delay, it decided that Meth
er the lower court nor the Supreme Court had
jurisdiction of the case, and three of the
judges, in able and exhaustive opinions, hello
that under the Constitution a contest of the